International Trade Today is providing readers with some of the top stories for Feb. 29 - March 4 in case they were missed.
Trademarks do not have to be registered with the Patent and Trademark Office in order to qualify for less stringent CBP country of origin marking rules, said the Court of Appeals for the Federal Circuit in a March 2 decision (here). In a dispute over how prominently a jeans importer with “U.S.A.” in its brand name must mark jeans made in China, CAFC overturned the Court of International Trade in holding the company’s unregistered marks are sufficient to allow the country of origin be listed on a small tag rather than in large letters next to the brand name.
The FCC, several trade associations and a group of broadcasters attempted through court filings to fend off a stay of the incentive auction requested by Class A broadcaster Latina Broadcasters in the U.S. Court of Appeals for the D.C. Circuit. The auction is to start March 29. “Any unnecessary delay, especially this close to the start of the auction, would cause substantial harm” to companies that have delayed business plans or have investments or financing riding on the current schedule,” the FCC said in an opposition filing Friday.
The FCC, several trade associations and a group of broadcasters attempted through court filings to fend off a stay of the incentive auction requested by Class A broadcaster Latina Broadcasters in the U.S. Court of Appeals for the D.C. Circuit. The auction is to start March 29. “Any unnecessary delay, especially this close to the start of the auction, would cause substantial harm” to companies that have delayed business plans or have investments or financing riding on the current schedule,” the FCC said in an opposition filing Friday.
CBP's new use of live entry requirements for certain steel imports is seen as a potential model for other higher-risk products across all industries, said Troy Riley, executive director, commercial targeting and enforcement at the agency. Riley and other CBP officials discussed the new effort against antidumping/countervailing duty evasion with reporters on March 2. The White House announced the new live entry requirements when President Barack Obama signed customs reauthorization legislation into law last month (see 1602250021). Filers for goods subject to the requirements must provide all entry documents and duties before the cargo is released.
With a rulemaking imminent, major industry trade associations submitted to the FCC a consensus proposal on ISP privacy rules Tuesday. Meanwhile, FTC Commissioner Maureen Ohlhausen said the FCC would be better off leaving ISP privacy to her agency, which has expertise in the area, rather than approving its own set of rules. Ohlhausen spoke Tuesday on an Information Technology and Innovation Foundation panel.
With a rulemaking imminent, major industry trade associations submitted to the FCC a consensus proposal on ISP privacy rules Tuesday. Meanwhile, FTC Commissioner Maureen Ohlhausen said the FCC would be better off leaving ISP privacy to her agency, which has expertise in the area, rather than approving its own set of rules. Ohlhausen spoke Tuesday on an Information Technology and Innovation Foundation panel.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 22-28:
The Trade Facilitation and Trade Enforcement Act of 2015 (here), signed into law Feb. 24, includes an overhaul of current law on drawback, including provisions for substitute drawback at the eight-digit level and a uniform five-year deadline for claims. It also increases the de minimis limit to $800, exempts container residue from duties, and eliminates an exemption from import bans on goods produced with forced labor. Finally, the law holds CBP to stricter reliquidation timelines, and fixes legislation enacted last year that would have resulted in higher tariffs on recreational performance outerwear.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 15-21: